4843-2829-8768.

1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

PHAEDRA C. PARKS, )
)
Plaintiff, ) CIVIL ACTION
v. )
) FILE NO.: 1:12-CV-01779-WSD
VIBE HOLDINGS, LLC, )
)
Defendant. )

DEFENDANTS OFFER OF SETTLEMENT TO PLAINTIFF

COMES NOW Defendant VIBE Holdings, LLC, and hereby makes the
following Offer of Settlement to Plaintiff Phaedra Parks, pursuant to O.C.G.A. 9-
11-68:
I. THE OFFER OF SETTLEMENT
A. This Offer of Settlement is made pursuant to O.C.G.A. 9-11-68.
B. The Party making this Offer of Settlement is the Defendant VIBE Holdings,
LLC.
C. The Party to whom this Offer of Settlement is made is Plaintiff Phaedra
Parks.
D. The claims the Defendant seeks to resolve by this Offer of Settlement are as
follows:
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The entirety of the tort claims made, and all damages sought thereby, by
Plaintiff against Defendant (including all resultant costs, interest, and
attorneys fees) in the above-referenced action.

E. The relevant conditions of this Offer of Settlement are as follows:
1. Payment Date. Defendant will pay Plaintiff the amounts set forth
herein within 30 days of the date on which Defendants counsel first
receives written and enforceable notice of Plaintiffs acceptance of the
Offer of Settlement.

2. Dismissal. Plaintiff agrees to dismiss with prejudice, within three
business days of receipt of the funds referenced in this Offer of
Settlement, any and all claims Plaintiff has made against Defendant in
the above-referenced action.

3. Release. This Offer of Settlement is made in anticipation of a full,
complete, and global release by Plaintiff of Defendant. Specifically,
Plaintiffs acceptance of this Offer of Settlement shall constitute
Plaintiffs agreement, consent, and declaration that she fully, finally,
and forever releases and discharges Defendant, as well as their
Insurers, and each of their successors, assigns, officers, directors,
shareholders, agents, affiliates, attorneys, and employees, as well as
each of their parent companies, subsidiaries, and affiliates, and each
of their respective owners, officers, agents, employees, and
representatives (legal and personal) from any and all claims or
obligations, causes of action, demands, complaints, damages, losses,
occurrences, and liabilities of any kind whatsoever, whether based in
tort or in contract or otherwise, whether currently known or unknown,
and whether they currently exist or which may arise in the future for
any act or omission occurring on or before the date of Plaintiffs
acceptance of this Offer of Settlement.

F. Total amount of this Offer of Settlement is $2,500.00.
G. Punitive damages, attorneys fees and other expenses are purportedly part of
Plaintiffs legal claim. To this extent, the amount set forth in the preceding
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paragraph, $2,500.00, includes payment of all resultant claims for punitive
damages, interest, costs, penalties, and attorneys fees.
II. PROCEDURE UNDER 9-11-68
Pursuant to O.C.G.A. 9-11-68(c), this offer shall remain open for 30 days
unless sooner withdrawn by a writing from Defendants counsel served upon you
prior to acceptance. Any counteroffer shall be deemed a rejection but may serve as
an independent offer under O.C.G.A. 9-11-68 if it is specifically denominated as
such and meets the requirements thereof.
Acceptance or rejection of this offer by you must be in writing and served
upon counsel for Defendant. If this offer is not withdrawn by Defendant nor
accepted by you within 30 days, it shall be deemed rejected. Evidence of this offer
is not admissible except in proceedings to enforce a settlement or to determine
reasonable attorneys fees and costs under O.C.G.A. 9-11-68.
If Plaintiff rejects this Offer of Judgment, Defendant shall be entitled to
recover the reasonable attorneys fees and expenses of litigation they incur or
which are incurred on Defendants behalf from the date of rejection of this Offer of
Judgment through the entry of final judgment if such final judgment is one of no
liability or if the final judgment obtained by Plaintiff is less than 75 percent of this
Offer of Judgment.
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This 20th day of August, 2012.




1180 Peachtree Street, NE
Suite 2900
Atlanta, Georgia 30309
404.348.8585 (telephone)
404.467.8845 (facsimile)
lrogers@lbbslaw.com
dberry@lbbslaw.com
LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/Leron E. Rogers___________
Leron E. Rogers
Georgia Bar No.: 482620
Danielle K. Berry
Georgia Bar No.: 159029

Attorneys for Defendant


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4843-2829-8768.1
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

PHAEDRA C. PARKS, )
)
Plaintiff, ) CIVIL ACTION
v. )
) FILE NO.: 1:12-CV-01779-WSD
VIBE HOLDINGS, LLC, )
)
Defendant. )

CERTIFICATE OF SERVICE

I hereby certify that on this date, I electronically filed the foregoing
DEFENDANTS OFFER OF SETTLEMENT TO PLAINTIFF with the Clerk
of Court using the CM/ECF system which will automatically send email
notification of such filing to the following:

L. Lin Wood, Esq.
Stacey G. Evans, Esq.
1180 West Peachtree Street
Suite 2400
Atlanta, Georgia
Tel. (404) 891-1402
Brenda Joy B.J. Bernstein, Esq.
The Bernstein Firm, P.C.
1180 Peachtree Street
Suite 2210
Atlanta, Georgia 30309
Tel. (404) 522-1200

This 20
th
day of August, 2012.

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4843-2829-8768.1
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1180 Peachtree Street, NE
Suite 2900
Atlanta, Georgia 30309
404.348.8585 (telephone)
404.467.8845 (facsimile)
lrogers@lbbslaw.com
dberry@lbbslaw.com
LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/ Leron E. Rogers___________
Leron E. Rogers
Georgia Bar No.: 482620
Danielle K. Berry
Georgia Bar No.: 159029

Attorneys for Defendant

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